Law

Are civil servants undergoing treatment for serious illnesses subject to transfer?

PL DNUM_AHZAHZCACF 17:03

My brother is a civil servant who is undergoing treatment for a serious illness. Will he be transferred to another job? This is a matter of concern for Mr. Nguyen Van Hung (Duc Chau commune, Nghe An).

Answer: On June 30, 2025, the Government issued Decree 170/2025/ND-CP on recruitment, use and management of civil servants.

Specifically, based on Article 25, Decree 170/2025/ND-CP stipulates the transfer of civil servants from July 1, 2025 as follows:

Civil servant transfer

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5. Cases where mobilization is not carried out

a) Civil servants who are under disciplinary review and handling;

b) Civil servants who are being prosecuted, investigated or involved in inspections and examinations;

c) Civil servants who are undergoing treatment for serious illnesses according to regulations of the Ministry of Health;

d) Civil servants who are participating in long-term training or are being sent on secondment according to the decision of a competent authority;

d) Female civil servants who are pregnant, on maternity leave, or raising children under 36 months old, or male civil servants (in case of wife's death or for other objective or force majeure reasons) raising children under 36 months old, except in cases where they wish to be transferred;

e) Civil servants in especially difficult circumstances, confirmed by the head of the agency employing civil servants, except in cases where they wish to be transferred;

g) Other cases are decided by the head of the competent authority depending on each specific situation.

Thus, based on the above regulations, from July 1, 2025, there are officially 07 cases where civil servants cannot be transferred, including:

(1) Civil servants who are under disciplinary review and handling;

(2) Civil servants who are being prosecuted, investigated or involved in inspections and examinations;

(3) Civil servants who are undergoing treatment for serious illnesses according to regulations of the Ministry of Health;

(4) Civil servants who are participating in long-term training or are being sent on secondment according to the decision of a competent authority;

(5) Female civil servants who are pregnant, on maternity leave, or raising children under 36 months old, or male civil servants (in case of wife's death or for other objective or force majeure reasons) raising children under 36 months old, except in cases where they wish to be transferred;

(6) Civil servants in especially difficult circumstances, confirmed by the head of the agency employing civil servants, except in cases where they wish to be transferred;

(7) Other cases are decided by the head of the competent authority depending on each specific situation.

PL